Loading...
CM-13-05-070'ROUND ROCK, TEXAS NAP.+E. hSVIX1 PMXM.PRY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a License Agreement with Homeowners' Association for Hidden Glen, Inc. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/7/2013 Dept Director: Brad Wiseman Cost: $0.00 Indexes: Attachments: LAF and Hidden Glen License Agreement Text of Legislative File CM -13-05-070 The purpose of this license agreement is to allow phased landscape planting, irrigation, and hardscape within City rights-of-way. The neighborhood homeowner's association will maintain these areas. The recommended action is to approve the license agreement. City of Round Rock Page 1 Printed on 6/6/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Planning Project Mgr/Resource: Aneil Naik Council Action: ORDINANCE Agenda Wording Project Name: Hidden Glenn HOA License Contractor/Vendor: N/A n RESOLUTION FICity Manager Approval CMA Wording Consider executing a License Agreement with Homeowners' Association for Hidden Glen, Inc. Attorney Approval ©Attorney Notes/Comments O:\wdox\SCClnts\0114\1310\MUNICIPAL\00275078.XLS Updated 6/3/08 LICENSE AGREEMENT This License Agreement ("Agreement") is made this 1 day of :,ul1(, 201Z by and between the CITY OF ROUND ROCK, (hereinafter "Licensor"), a Texas home rule municipality, and the Homeowners' Association for Hidden Glen, Inc., a Texas non-profit corporation. (hereinafter, "Licensee", whether one or more). Whereas, Licensor is the owner of the real property (hereinafter, "Property"), which is public right-of-way and easements as depicted in Exhibit "A", attached hereto and incorporated herein; and Whereas, Licensee desires to exercise certain rights and privileges in the areas identified as "Subject Areas" in Exhibit "A"; and Whereas, Licensor desires to grant Licensee certain rights and privileges upon the Subject Areas; and NOW, THEREFORE, it is agreed as follows: License Licensee shall have the right to install, construct, operate, maintain and repair landscaping and irrigation in, over, and upon the Subject Areas. It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the Subject Areas. It is further understood that before the installation of any of the current or subsequent improvements pursuant to this License, Licensee shall present a detailed plan to the Development Services Office Manager for review and approval. Approval of any plan shall be solely within the discretion of the Development Services Office Manager. It is further understood that Licensee must comply with all other requirements of the Code of Ordinances of the City of Round Rock, Texas. It is further understood that Licensor has no duty to maintain, operate, replace, or repair any improvement in or upon the Property, including the payment of any fees of any kind associated with any improvements. Consideration In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable consideration paid by Licensee to Licensor. 00274387.doc/jmr (,1U -1-2)—(Y3 010 Nonassignability This license granted in this Agreement is personal to Licensee or any other property owners association created to maintain Licensee's improvements. This Agreement is not assignable. Any assignment of this Agreement will automatically terminate the license. Notwithstanding the foregoing, Licensee shall be permitted to assign Licensee's license under this Agreement for any entity acquiring all or a portion of Licensee's property adjacent to the Property provided such assignee assumes Licensee's obligations and rights granted under this Agreement, and Licensee shall be released from any and all obligations hereunder accruing after such assignment. Terminable at Will This Agreement is terminable by either party at will by the giving of actual notice to the other party. Upon termination, any improvements to Property will become the property of Licensor and it is agreed that Licensor will not need to reimburse Licensee for any costs expended for said improvements. Indemnity Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee's exercise of the license under this Agreement. Release Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Venue This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 2. Notice Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CITY: City of Round Rock ATTN: Steve Norwood, City Manager 221 East Main Street Round Rock, Texas 78664 LICENSEE: Homeowners' Association for Hidden Glen, Inc. c/o Goodwin Management 11149 Research Blvd., Suite 100 Austin, Texas 78759 -11 IN WITNESS WHEREOF, this AGREEMENT is executed on this day of "•I 08 , 20 . 3. CITY OF ROUND ROCK By: STEVE NORWOOD, City Manager HOMEOWNERS' ASSOCIATION OF HIDDEN GLEN, INC. ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Steve Norwood, as City Manager of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. --�((��t4� Given under my hand and seal of office on this the -(h1 day of J / , 20 13 ,w w_r •waw w ,,QQ" "" SARA LEIGH WHITE S' '= MY COMMISSION EXPIRES July 11,2016 STATE OF TEXAS COUNTY OF WILLIAMSON gpvivt. 1061:1 - NOTARY PUBLIC in and for the State of Texas ACKNOWLEDGEMENT BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared Er i L Poor-kg)orA-k ✓t a. Pres i (-e /1 of Homeowners' Association of Hidden Glen, Mc., on behalf of said entity, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that (s)he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office on this the / 5 day of AA0Y , 20 t3. / 4. NOTAR Texas IC in and for the State of After Recording, Please Return To: Sheets & Crossfield, P.C. 309 East Main Round Rock, Texas 78664 5. ExhibitSUBJECT AREAS HTSN z d z s� FT' �ZZ r'A'-xkrt$` Y i-•F. y� gam`• R 9 k " s PI t IIi P ,v Vft } .. SUBJECT AREAS �. Y y n � � � t '4�to ,�,,�• � � �-,� �." <, s ;4 .. . t, , a r t y ! , F